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Criminal Miscellaneous No. 82‑B of 1985, decided on 14th December, 1985.

‑‑----S. 497‑‑Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S. 11‑‑Offences Against Property (Enforcement of Hudood) Ordinance (VI of 1979), S. 14‑‑Bail‑‑Accused playing no role in abduction of victim and at best allegation against him that of having joined other accused by boarding car while they were going alongwith victim‑‑Whether accused boarded car with ulterior motives or wanted to get lift, only to be seen at trial‑‑Accused being a woman and mother of seven months old child entitled to have concession of bail in circumstances‑‑Bail granted.

Syed Shakir Ali Rizvi for Petitioner.

Saeed Akhtar for the Complainant.

Date of hearing: 14th December, 1985.

Petitioner seeks bail in case F.I.R. No. 245, dated 4‑11‑1985 under section 11 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 and section 14 of the Offences against Property (Enforcement of Hudood) Ordinance, 1979 registered at Police Station, Kharian, on the statement of Abdul Haq.

2. The contention of learned counsel for the petitioner that the petitioner is neither named in the first information report nor has been assigned any role, is not denied by learned counsel for the State or learned counsel for the complainant. Learned counsel for the complainant, however, states that she alongwith one Ilyas was seen boarding the car in which Mst. Khalida Parveen was being taken away by Altaf Hussain, Mst. Nasreen Akhtar and Mst. Nazia Akhtar, by Muhammad Hussain, who informed Abdul Haq father of the abductee on 9‑11‑1985. Abdul Haq in turn is stated to have made a supplementary statement narrating the fact of Muhammad Hussain having seen Mst. Parveen Akhtar petitioner boarding the car in which the other three accused were taking away Mst. Khalida Parveen.

3. It is obvious from the facts given by the Investigating Officer that the petitioner had not played any role in abducting Mst. Khalida Parveen from her father's house.

4. At the best, the allegation against the petitioner is of having joined the accused by boarding the car while they were going away. Whether she boarded the car with ulterior motives or she wanted to get lift only will have to be seen at the trial.

5. The petitioner being a woman, and stated to be mother of 7 months old child, appears to be entitled to have concession of bail in view of the facts noted above. She shall be released on furnishing bail bond in the sum of Rs.20,000 (Rs. Twenty Thousand only) with one surety in the like amount to the satisfaction of the Assistant Commissioner, Kharian.

M. Y. H. Bail granted.

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